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Previous Updates
The law applies only to Texas business entities that have fewer than 250 employees and own or license computerized data that includes sensitive personal information.
In addition, state law is amended to limit the terms and conditions of physician and healthcare practitioner noncompete agreements to one year and a five-mile radius. Consult with your legal counsel as needed on these legal documents.
- Add qualifying conditions;
- Permit additional cannabis products;
- Increase the legal limit of tetrahydrocannabinols (THC); and
- Provide for dispensary licenses.
- Notice of breach must be provided to the attorney general as soon as practicable, but no later than 30 days after the reporting entity discovered that a breach occurred; and
- Notice to the attorney general must be submitted electronically using a form that will be provided on the attorney general's website.
The Texas Supreme Court has indicated that parties are free to specify in an agreement whatever they want when commissions are earned and paid, but in the absence of any language addressing the timing and entitlement to commissions, the procuring-cause doctrine applies. Under this standard, an employee will be entitled to a commission on sales, even after his or her employment is terminated, if the employee is the proximate and but-for cause of the specific sales.
DeSoto, Texas, will prohibit an employer from inquiring about an applicant's criminal history on an initial job application, effective January 1, 2022. The ordinance does not apply to employment positions where criminal history must be disclosed by law.
Employers cannot require receipt of a COVID-19 vaccine by any employee who objects to the vaccination based on reason of personal conscience, based on a religious belief or for medical reasons, including prior recovery from COVID-19.
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Knew or should have known that the conduct was occurring; and
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Failed to take immediate and appropriate corrective action.
Reporting Requirements
- Drivers who log into the digital network of a transportation network company (e.g., Uber, Lyft, Postmates), regardless of whether they are considered independent contractors; and
- Individuals who log into or otherwise use a technology platform to make deliveries for compensation.
San Antonio Paid Sick Leave Ordinance Preempted
The Texas Fourth Court of Appeals upheld a preliminary injunction preventing San Antonio’s amended Sick and Safe Leave Benefits ordinance from taking effect since December 2019. The appellate court held that San Antonio’s ordinance violates the Texas Minimum Wage Act.
Although all three are currently enjoined, employers can continue to monitor the three separate lawsuits challenging the sick and safe leave ordinances in Austin, San Antonio, and Dallas.
June 2020
Austin Paid Sick Leave Law
The Texas Supreme Court has let stand an appellate court ruling that blocked Austin’s mandatory paid sick leave ordinance from taking effect. Austin was one of the first cities to pass such a measure in early 2018, but it faced immediate opposition and has been the subject of court challenges ever since.
